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INTERBORO BEVERAGE CORPORATION v. DORAN

No. 415.

52 F.2d 35 (1931)

INTERBORO BEVERAGE CORPORATION v. DORAN, Commissioner of Prohibition, et al. (two cases).

Circuit Court of Appeals, Second Circuit.

July 21, 1931.

Attorney(s) appearing for the Case

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Herbert H. Kellogg and Geo. H. Bragdon, Asst. U. S. Attys., both of Brooklyn, N. Y., and John E. O'Neill, Senior Atty., Bureau of Industrial Alcohol, of New York City, of counsel), for appellants.

George Eilperin, of Brooklyn, N. Y. (Stephen Callaghan, of Brooklyn, N. Y., of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff is a permittee who manufactures and sells dealcoholized beer in large quantities at its plant on George street, in Brooklyn, N. Y. It obtained its first permit in March, 1928, for the remainder of that year. On December 20, 1928, a renewal permit for 1929 was issued to it. On August 1, 1929, it applied for a renewal of its permit to cover 1930. This was denied on December 27, 1929, for the reasons as stated that the plaintiff had...

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